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Extended confiscation

10 January, 2017

The Ministry of Justice prepared a bill on the confiscation of assets, which would come from crime. While held on 20 December meeting of the Council of Ministers approved the bill. Provisions for the confiscation will take effect in the first quarter of 2017 years.

The project involves the introduction of the so-called. extended confiscation, thanks to which it will be possible to adjudicate the forfeiture of ingredients and the property rights of the company used to commit a crime, even if the firm was not the perpetrator of an offense. The new law introduces a form of vicarious liability offense. Responsibility for the crime will be present when the owner of the company due to the failure to observe the precautionary foresaw or could have foreseen that it can be used or intended to commit the crime. This is a new form of responsibility for someone else's crime. Like structure inadvertently aiding that in light of the provisions of the Criminal Code is not an offense. Currently intentional criminal act is a crime in the form of aiding and abetting, the new law is going to change this adjustment.